Term
Ismail
[2005] EWCA Crim 397
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Definition
| Oral rape isn't any less serious than vaginal or anal rape. |
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Term
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Definition
| Section 1(1) of the Sexual Offences Act 2003 |
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Term
| Section 79(2) of the Sexual Offences Act 2003 |
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Definition
| Penetration is a continuing act from entry to withdrawal |
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Term
| Section 75 Sexual Offences Act 2003 |
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Definition
| Evidental presumptions about consent |
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Term
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Definition
| Case demonstrating the evidential presumption in s75 where the victim is 'unlawfully detained' |
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Term
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Definition
| An exapmle of the evidential presumption set out in s75 where the victim was administered a substance which allowed the defendant to rape her |
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Term
Bree
[2007] EWCA Crim 804 |
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Definition
| A drunken consent is still consent |
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Term
Flattery
(1877) 2 QBD 410 |
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Definition
| Where the defendant decieves the victim as to the nature of the act which he is performing (sexual intercourse), here is now a conclusive presumption that the victim did not consent. |
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Term
Elbekkay
[1995] Crim LR 163 |
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Definition
| Where the defendant impersonates someone (usually a husband, fiance or boyfriend) in order to have sexual intercourse with the victim, there is a conclusive presumption that he victim did not consent. |
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Term
Larter and Castleton
[1995] Crim LR 75 |
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Definition
| There is an evidential presumption thatthe victim is not consenting to intercourse if they are asleep/unconscious |
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Term
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Definition
| Submission is not consent |
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Term
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Definition
- Penetration of the vagina, anus or mouth of another person
- With the penis
- Lack of consent by the victim
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Term
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Definition
- Intent to penetrate the victim's vagina, anus or mouth
- Lack of reasonable belief in the victim's consent
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Term
| Section 76 Sexual Offences Act 2003 |
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Definition
| Conclusive presumptions about consent |
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